Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-05-14
COURT OF APPEALS.

and Sam A. Wilson, judges; James L. White,
clerk; W. l.. Davidson, assistant attorney
general: NJ. NJ. johnson. bailif.
J. M. Phillips Va. city of Dallas, from
Dallas; opinion by White, P. j. This
suit was instituted by appellant for
damages resulting 20 his horse from fall
ing through bridge on appellee's street.
The evidence showed that the bridge was
one over which appellee had exclusive
control; that long usage had covered 1t
so with dirt that its condition could not
be seen; that the planks had worn half
in two in the middle; that the horse was
walking at the time it stepped on the
plank which broke, and from it's injuries
finally died. Appellant recovered judg-
ment before justice of the
peace, but on appeal to the
County court the case was dismissed
on demurrer that 20 notice of the unsafe
condition of the bridge to the city was
proven. The main question involved is
that of notice. It is we'll established
rule that city must have notice of the
defect, or else there must be proof ofneg
ligence. Constructive notice is @s1f-
ficient, and the rule laid down is that
where defect is OF long continuance,
and the corporation can ind out where
vision, the corporation can be held re-
sponsible. In this case we think that the
appellee might, in the opinion of the
tive notice. The court erred in sustain
ing the demurrer, and the judgment is
reversed and the cause remanded.
j. Ellington VS.. j. S. Hammond ct al,
from Dallas; opinion by White, P. J.
fn
furniture and recover S249 40 in three
promissory notes executed for the furni-
ture by Mary l. Holland, wife of J. S.
Holland. The evidence shows that j. S.
Hammond authorized his wife as his
or afterwards ratified her acts. Appel
appealed. The court erred in sustaining
demurrer to appellants petition, etc.
Daniel, on Negotiable Instruments"
says that where the husband clearly au
thorizes his wife to draw bills, etc or after
wards clearly ratifes her acts, he
is bound by them, and it does
not render a note void because
it is in the Wife's own name. At the
most such q note Is only voidable. The
allegations of the petition state good
the cause remsnded.
J. M. Eisenhower and wife VS.. Fort
Worth and New Orleans Railway Com
pany, from Tarrant; opinion by Hurt, J.
This was a suit by appellant to recover
damages for digging out 6 street and
leaving appellants house on 6 bluff, and
annoying them by passing trains, escap-
ing smoke, cinders, etc. The answer was
that the damage was Offset by the bene-
tits received. The Judge charged the
Jury that in considering the damages re-
ceiVed by appellant not to consider bene-
fits or injuries received in
common with the COM
munity, etc. There is no conflict as to
the fact of specific injury, but
there is no evidence tending to show
specific benefits. We conclude that the
verdict was not only against the charge, |
but against the evidence. The Judgment |
is reversed and the cause remanded.
William Washington vs.. the State, |
from Bexar; opinion by White,
P. J. This was convection |
for perjury in the Jack Green |
case, and this is the second appeal on it.
See Washington vs.. State, % CT. of APP. |
26. On the last trial the Jurors who sat
in the Jack Green case were allowed to |
testify as to their opinion of the materi-
atty of appellants testimony in that case.
They testified, in fact, that he had COM
mitted perjury in that case. 1t is for the
Judge, and not the jury, to pass upon the
OF the false testimony |
Another error was in allowing the record |
in the Jack Green case to be considered |
Unfortunately by the jury as proof of
the npriUTU and the iUdoa in his CHARGE |
failed to limit and restrict its use. The |
Judgment is reversed and the cause re-
manded.
E. M. Wilson vs.. the State, from Colo |
RADIO county; opinion by Hurt, J. This case
is submitted by appellee on confession of !
error. The Indictment for burglary 7
charges that it was committed in the year
1906. The judgment is reversed and the
prosecution dismissed. Subdivision 6,
article 420, G. c. P.